The Beach People : #Australian company fails to grab 17 year old domain name

Respondent has been using the THE BEACH PEOPLE mark since 1991 to promote its business offering real estate and vacation rental services. Respondent registered the <thebeachpeople.com> domain name on August 6, 1999 in furtherance of this business purpose. Respondent’s use of the THE BEACH PEOPLE mark predates Complainant’s filing and registration dates of the mark with trademark authorities, and Complainant does not assert common law rights to the THE BEACH PEOPLE mark that predate Respondent’s use of the mark. Complainant has failed to meet its prima facie burden that Respondent has no rights or legitimate interests in the <thebeachpeople.com> domain name. Respondent has used the THE BEACH PEOPLE mark since 1991, and it is, and has always been, Respondent’s intention to use the disputed domain name to further promote Respondent’s services; Respondent has yet to publish it...